US Supreme Court Upholds Jail Strip Searches

Posted April 3rd, 2012 at 6:10 am (UTC-5)
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The U.S. Supreme Court has ruled the Constitution does not exempt detainees from strip searches if authorities lack a reasonable suspicion they are carrying contraband.

In a 5-4 decision Monday, the court said corrections officials have a responsibility to ensure jails are not made more dangerous by what new inmates may carry in on their bodies.

The majority opinion, written by Justice Anthony Kennedy, further said corrections officials must be able to “devise reasonable solutions” to problems they face.

At issue in the case was a man arrested on suspicion of a minor offense in the state of New Jersey. Upon arriving at two separate jails, he was ordered to remove his clothes, given a mandatory shower and was checked for wounds, tattoos and contraband.

The man said the searches were invasive and violated the Constitution's Fourth Amendment, which bars unreasonable searches and seizures. He argued those arrested for minor crimes should not be strip-searched unless authorities suspect them of hiding contraband.

The court denied those claims, saying the jails had “struck a reasonable balance between inmate privacy and the needs of the institutions.”

It also said the severity of the crime for which someone is detained is not a predictor of who is likely to be carrying contraband.

In a dissenting opinion, Justice Stephen Breyer said he finds the searches to be unreasonable, “inherently harmful, humiliating, and degrading.” He backed the argument for exempting those arrested for minor crimes, saying those detainees “may well have no expectation of being subject to such a search.”